Joe Horn cleared by grand jury in Pasadena shootings

Panel issues no-bill after two weeks of testimony

By Brian Rogers, Dale Lezon |
June 30, 2008

Stephanie Storey, left, shown with Quanell X, center, and other activists at a news conference on Tuesday, called Joe Horn's shooting of her fiance, Hernando Riascos Torres, and Diego Ortiz "premeditated murder."

A Harris County grand jury on Monday ended the rancorous seven-month debate over Pasadena resident Joe Horn's decision to gun down two illegal immigrant burglars in his front yard, concluding the act was a justifiable use of deadly force and not murder.

The grand jury heard two weeks of testimony from witnesses, including Horn. They likely also heard his breathless 911 call, during which the increasingly frustrated retiree ignored a dispatcher's pleas to stay inside and out of harm's way. The Nov. 14 call ended with the sound of Horn racking a shell into his 12-gauge shotgun's chamber followed by three gunshots that killed Colombians Diego Ortiz, 30, and Hernando Riascos Torres, 38.

Each man was shot in the back. They had taken about $2,000 in the burglary.

Horn's defense hinged on his assertion that he fired out of fear for his life, making the shooting justifiable under Texas law. The law also permits the use of deadly force to protect property under some circumstances.

District Attorney Ken Magidson said he couldn't comment on the grand jury's secret proceedings.

"In Texas, a person has a right to use deadly force in certain circumstances to protect property ... and that's basically what the grand jurors had to deal with," Magidson said.

After the announcement, Horn's attorney said his 62-year-old client was no vigilante.

"Joe was not some sort of wild cowboy," Tom Lambright said. "He was trying to help police. He was put in a situation where he didn't have any choice."

Lambright said Horn was "relieved" the investigation was over and he was cleared. "When I talked to him on the telephone I could hear it in his voice — not giddy, just relieved."

"That's amazing that they would no-bill him with so much evidence against him," Ortiz said. "It's amazing to me that anyone with a Hispanic surname cannot get justice. This was no more than a vigilante."

In his 911 call, Horn cited a newly enacted Texas law, the "castle doctrine," which authorizes the use of deadly force during a home invasion.

But Sen. Jeff Wentworth, who wrote the law, said it did not apply to Horn's case.

"It was not an issue in this case other than him saying incorrectly that he understood it to mean he could protect his neighbor's property," said Wentworth, R-San Antonio.

He said the castle doctrine simply didn't apply because, although the burglars were running across Horn's lawn, Horn's home wasn't under siege — his neighbor's home was.

"It comes from the saying 'A man's home is his castle,' " Wentworth said. "But this wasn't his castle."

Lambright said even though many people, including Horn's neighbors, have called him a hero, Horn doesn't believe he is.

The attorney said Torres, who was on parole for a drug conviction, and Diego Ortiz were near the front door when Horn stepped outside.

"They were attacking," Lambright said. "It scared him to death."

Police guard neighborhood

At Horn's home, boards formed a makeshift barricade on the front walk, supporting a red "No Trespassing" sign.

Police patrolled in force — by car, motorcycle and bicycle — and stood guard at the subdivision's entrances. They said they were there to keep the peace in case protesters showed up.

No protesters had arrived by late Monday.

Some of Horn's neighbors on Timberline Drive greeted news that he won't face criminal charges with enthusiasm; others hung "no comment" signs on their front doors.

"I just praise God that he was not indicted, that our country is still behind our good, honest people," said Velma Cabello, 61. "He is a hero in my book."

She lives in Humble, but was house-sitting Monday a few doors down from Horn's home.

"I would love for him to be my neighbor, for someone to watch over me like that," Cabello said.

"I'm glad he's not going to jail, but it's a bad thing, killing a couple people," said John White, 51, who lives half a block away from Horn. "It's sad for everyone, him and the victims."

Horn was alone inside the home he shares with his daughter's family around 2 p.m. on Nov. 14 when he was heard glass shattering next door, spotted Ortiz and Torres crawling through a window and called 911 to report the break-in.

The operator repeatedly urged him to stay in his house, but Horn said he did not believe it would be right to let the burglars get away.

Then the tape recorded Horn warning: "Move and you're dead!" Two quick shots can be heard on the tape, followed by a pause and then a third shot.

Detective was on scene

Pasadena police have said a detective in plainclothes had parked in front of Horn's house in response to the 911 call, and saw the two men before they crossed into Horn's front yard.

Police believe that neither Horn nor the burglars knew an officer was present.

When Horn confronted the men in his yard, he raised his shotgun to his shoulder, police have said. However, the men ignored his order to freeze.

Authorities have said one man ran toward Horn but had angled away toward the street when he was shot in the back just before reaching the curb.

Ortiz and Torres died a short distance from Horn's house.

A news release from the city of Pasadena read, in part, "We hope that the decision of the grand jury, while difficult for some to accept, will be respected as the product of a careful weighing of all the facts by an impartial panel of citizens."